State Laws
Laws: Ch. 37 Article 6 & Ch. 37 Article 6A
Maximum Security Deposit: No applicable statute in WV law; landlords are not restricted in the value they can request for a security deposit.
Permitted Use of the Deposit (§ 37-6A-2(b)): According to WV law, landlords can apply security deposits towards five (5) types of expenses:
- To pay for overdue rent and/or late payment charges;
- To cover any expenses relating to the tenant’s noncompliance with the rental agreement (not including normal wear and tear);
- To pay for any unpaid utilities that are a requirement of the tenant(s) as stated by the lease;
- To pay for both the removal and storage of the tenant’s property that was left in the rental; and
- To cover the costs of any other damages/charges as stated by the rental contract, such as paying for a third (3rd) party contractor to repair tenant-caused damages.
Returning Security Deposits (§ 37-6A-1(7)): The deadline for returning security deposits is sixty (60) days after the termination of the lease, or forty-five (45) days if the rental unit becomes by a subsequent tenant (whichever option is shorter).
Notice Required before Entry: No statute; providing tenants a minimum of twenty-four (24) hours is recommended.